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<br /> · <br /> ¡ r· <br /> DAMAGE AND DESTRUCTION EMINENT DOMAIN From and after the date <br />of Seller's execution of this contract, neither the destruction of or damage <br />to the Premises, whether from fire or other cause, nor the taking of the Pre- <br />mises or any portion thereof in appropriation proceedings or by the right or <br />eminent domain or by the threat of the same, shall release Buyer from any of <br />Buyer's ob 1 igati ons under thi s contract; provided, however, that any awards <br />made for a taking of the Premises shall belong to Seller up to the amount of <br />the unpaid balance of the Purchase Price and accrued interest to the date of <br />such taki ng, and the amount of such award paid to Seller shall be credited <br />as payments under this contract. Any excess aware shall be paid to Buyer. <br /> RESERVATION OF DRIVEWAY EASEMENT. It is agreed between the <br />parties hereto that in the deed conveyi ng the Premi ses above descri bed to <br />the Buyer, the Seller does hereby reserve and retain for the benefit of the <br />Se 11 er, its successors and assi gns, a dri veway easement in, over and upon a <br />portion of the premises so conveyed together with a portion of the adjacent <br />land presently owned by the Buyer. The land subject to said driveway <br />easement is hereby designated the servient parcel and is descri bed as set <br />forth in Exhibit "C,U attached hereto and made a part hereof as if fully <br />rewritten herein. <br /> By virtue of the easement hereby created, there hereby is reserved <br />and retained in and for the benefit of the Seller and its successors and as- <br />signs, the ri ght to use the servi ent parce 1 above described in common with <br />the Buyer as a dri veway from Wayne Avenue to the dominent parcel above <br />described and to all portions of the Premises being conveyed to the Buyer by <br />said deed. Without 1 imiting the generality of the dri veway use being <br />reserved to the Seller by the easement to created, both the Seller and the <br />Buyer and their respective licensees, employees, visitors, partrons and <br />all persons for the advantage of the Seller and the Buyer and their <br />successors and assigns shall have the right to use in common said servient <br />parcel for the passage of persons vehicles trucks machinery and equipment <br /> -7- <br />